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Penal Code, 1860 (Act No. XLV of 1860).
every description, except land and thing attached to the earth or permanently
fastened to any thing which is attached to the earth.
“Wrongful gain”
23. "Wrongful gain" is gain by unlawful means of property to which the person
gaining is not legally entitled.
"Wrongful loss" is the loss by unlawful means of property to which the person
losing it is legally entitled.
“Wrongful loss”
Losing wrongfully
A person is said to gain wrongfully when such person retains wrongfully, as well
as when such person acquires wrongfully. A person is said to loss wrongfully
when such person is wrongfully kept out of any property, as well as when such
person is wrongfully deprived of property.
24. Whoever does anything with the intention of causing wrongful gain to one
person or wrongful loss to another person, is said to do that thing "dishonestly".
25. A person is said to do a thing fraudulently if he does that thing with intent
to defraud but not otherwise.
“Dishonestly”
“Fraudulently"
“Reason to believe”
26. A person is said to have "reason to believe" a thing if he has sufficient cause
to believe that thing but not otherwise.
27. When property is in the possession of a person's wife, clerk or servant, on
account of that person, it is in that person's possession within the meaning of
this Code.
Explanation.A person employed temporarily or on a particular occasion in the
capacity of a clerk, or servant, is a clerk or servant within the meaning of this
section.
Property in
possession of wife,
clerk or servant
“Counterfeit”
28. A person is said to "counterfeit" who causes one thing to resemble another
thing, intending by means of that resemblance to practice deception, or knowing
it to be likely that deception will thereby be practiced.
Explanation 1.It is not essential to counterfeiting that the imitation should be
exact.
Explanation 2.When a person causes one thing to resemble another thing, and
resemblance is such that a person might be deceived thereby, it shall be
presumed, until the contrary is proved, that the person so causing the one thing
to resemble the other thing intended by means of that resemblance to practice
deception or knew it to be likely that deception would thereby be practiced.
“Document”
29. The word "document" denotes any matter expressed or described upon any
substance by means of letters, figures, marks, or by more than one of those
means, intended to be used, or which may be used, as evidence of that matter.
Explanation 1.It is immaterial by what means or upon what substance the
letters, figures or marks are formed, or whether the evidence is intended for, or
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